Senior Safe Act Incentivizes Reporting Financial Exploitation of Seniors

Experts explained during a FINRA webinar that the act provides financial institutions immunity for reporting potential exploitation of senior citizens. 


The U.S. House of Representatives recently passed a bill aimed at protecting older adults from financial scams, but it is not the first piece of legislation to tackle the issue. 

The Senior Safe Act, which became federal law on May 24, 2018, was designed to encourage reporting of financial exploitation of senior citizens, explained Lori Schock, the director of investor education and advocacy at the Securities and Exchange Commission, during a Thursday webinar about the legislation hosted by the Financial Industry Regulatory Association.  

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“It gives certain individuals and financial institutions immunity from liability in any big civil or administrative proceedings for reporting potential exploitation of senior citizens to certain entities if certain conditions are met,” said Schock. 

If staff at a financial institution has completed the appropriate training, then that firm can receive immunity when reporting suspected financial exploitation, which extends to supervisors, as well as employees on the compliance and legal teams, she explained. The immunity also applies to covered registered representatives, registered investment advisers and insurance producers affiliated or associated with the financial institutions. 

At the State Level 

Because not every state had passed such a rule, investment advisory firms did not have a safe harbor for certain aspects of the FINRA rules, according to Rich Szuch, the enforcement chief for the New Jersey Bureau of Securities.  

“We knew that there was a need to put together a model act that states around the country could use to create their own legislation, and in 2016, [the North American Securities Administrators Association] released its model legislation to protect vulnerable adults from financial exploitation,” said Szuch. “We call it the NASAA Model Act.” 

He said about 40 states have adopted its basic structure, but due to the different political preferences in each jurisdiction, not all states adopted laws identical in structure to the NASAA Model Act. 

Risks for Older Americans 

Measures like these have been put in place to protect the elderly because older adulthood poses unique risks to scam susceptibility and financial decisionmaking, said Olivia Valdes, a senior researcher at the FINRA Investor Education Foundation.  

As people age, they face normative and disease-related changes in cognition, reported Valdes. Even those subtle changes in cognition can impact decisionmaking, literacy and scam susceptibility. In fact, between 30 and 40% of older adults experience suboptimal financial decisionmaking. Mismatches between memory skills and perception of those skills tend to result in poor financial decisionmaking. 

Additionally, Valdes said that social isolation had a big effect on divorced and widowed adults. They tended to engage with, and lose money to, scams more often than those living with a spouse.  

The method of contact was important, too: Individuals who were approached online or via social media were much more likely to both engage with a scam and to lose money.  

Scams are clearly an issue top of mind for SEC officials, with an SEC task force on the matter proposed as part of the National Senior Investor Initiative Act of 2023, which heads to the Senate next. 

What Can AI Do for the Retirement Plan Industry?

Three different chatbots serve as examples of how AI technology can streamline multiple parts of the business.


Artificial intelligence applications have been depicted in films and popular entertainment for years, ranging from Stanley Kubrick’s HAL (Heuristically Programmed Algorithmic Computer) in “2001: A Space Odyssey,” to the eerily believable “Her,” in which Joaquin Phoenix falls in love with an AI virtual assistant.

The current reality for the retirement plan industry is a little less exciting: AI applications are being used as tools to improve productivity. AI technologies allow companies to automate repetitive processes, interact with plan participants more efficiently and analyze their plan-related data more effectively. These uses lack sci-fi buzz, but they illustrate how AI is gaining traction in the plan industry.

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Language processing applications like ChatGPT and Bard have received recent publicity because of that technology’s ability to provide well-organized responses in plain English. Those capabilities can work well in participant-facing applications, where inquiries often follow identifiable paths. While chatbots may seem ubiquitous online, they can result in frustrating dead-end interactions with systems that do not provide the desired results. On the other side of the coin, AI is helping some companies avoid that problem and get better results from chatbot technology.  

Alight’s Ask Lisa

Geoffrey Peterson, vice president of data and analytics at Alight Solutions, which is based in Lincolnshire, Illinois, says the company launched its Ask Lisa chatbot in 2017. To date, the system has supported more than 26 million interactions across Alight’s client base while maintaining a natural language understanding of more than 95%, an industry-leading metric, he says.

Ask Lisa deploys a symbolic natural language model for question intent detection, Peterson explains. The model consists of more than 3,500 concepts that serve to deliver responses across questions on health, wealth, human resources and additional benefit-related queries.

“In addition to the symbolic model, we are continually evaluating new AI technologies such as GPT-based large language models to address additional business opportunities, such as enhancing our call center with AI-enabled product enhancements to help elevate the experience for our clients and their employees,” Peterson says.

The software underlying Ask Lisa is based on a combination of Alight’s in-house technology and collaboration with vendors. Peterson, who joined the company in February, explains the Ask Lisa symbolic model is licensed through an external vendor, but the content, tuning and performance-management is based on Alight architecture, data and capabilities.

Ask Lisa’s adoption varies across Alight’s clients, says Peterson. “For example, some of our clients implemented Lisa when we went live in 2017, while others took longer to implement, as they wanted to analyze each response that Ask Lisa offered..”

Some Alight clients are raising concerns about large language models like ChatGPT, Peterson adds, but “any new large language model-based capabilities used to enhance Ask Lisa will only be released once we are comfortable that they perform well within the same quality and performance framework [we currently have].”

Voya PAL

In November 2021, Voya Financial launched Voya PAL, an intelligent customer service chatbot. According to Rajat Kalia, Voya’s chief technology officer for workspace solutions, the chatbot leverages a combination of machine learning and conversational artificial intelligence, which is enabled by natural language processing.

“As more customers engage with this digital assistant and as it continues to consume more data and learn more scenarios, it’s essentially becoming smarter, and it becomes even more in-tune to the customers’ needs,” Kalia says.

Customers can choose to work with PAL either with or without logging in. Those who choose to log in have access to additional capabilities, such as making account changes and getting assistance with certain transactions. “The way they interact with it feels very similar to how their experience would be if they were actually talking to a live agent, over the phone or through a chat,” Kalia says.

PAL is producing the desired results, according to Kalia: From its launch in November 2021 through year-end 2022, participants interacted with the system more than 190,000 times. In PAL’s initial months, the interactions produced a resolution rate of about 70%, which increased to 74% by year-end 2022. The chatbot has been picking up momentum and gaining popularity through April. “In the first four months of this year, we’re just shy of over 125,000 interactions and we’ve already seen the self-service resolution rate increase to about 86%,” Kalia notes.

Voya also plans to use PAL with its customer service agents, who will be able to engage with customers while the chatbot is working in parallel to navigate systems and locate desired information. This will “bring together all of the information that the CSA needs to help quickly and efficiently resolve the customer’s inquiry,” Kalia says.

A major challenge to models like PAL is the time required, Kalia adds. The training period depends on the technology’s usage, how much data the model consumes and the desired accuracy level. Because PAL is a supervised machine learning model, training can proceed more quickly, and PAL’s performance results are in line with expectations, he explains.

RiXtrema’s 401kAI

AI technologies for plan advisers are also coming online. New York City-based RiXtrema Inc., a fintech company focused on the financial advisor market, recently launched 401kAI, which is designed to increase the efficiency of advisers’ plan research and business development efforts. 401kAI uses a combination of ChatGPT and RiXtrema’s algorithm.  

401kAI “saves a ton of time for advisers in two tasks that are ubiquitous in every practice,” says Daniel Satchkov, RiXtrema’s founder and president. “One is reading and understanding, comprehending—basically summarization of data. The second one is communication. Communication could be writing emails or creating a calling script.”

Satchkov cites the example of an adviser researching a plan being considered as a prospect to approach. Analyzing the plan’s public data takes an hour, at least. 401kAI has access to more than 850,000 plans and can review a plan’s information and summarize the most important points in a one-page document instantly. It can then use that information to create customized emails and call pitches.

Interest has been strong since the company hosted several introductory webinars in mid-May. In the first two days after the launch, RiXtrema received 232 demo requests, a number they usually receive in six months.

“While you need to cut through the hype of this AI thing, you do need to realize that it is a very powerful machine that can save you 90% of your time on many mundane tasks,” says Satchkov. “It can take away the least interesting part of your work and make you work on the actual human side, on the interaction, on communication, on meeting clients, on working with clients.”

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